The Financial Conduct Authority

Case Summary

The claimant was dismissed for misconduct related to an anonymous email to a colleague and another email breaching confidentiality. The tribunal dismissed his complaints of unfair dismissal, direct discrimination because of race, harassment related to race, and victimisation.

The tribunal found the claimant's dismissal was fair and procedurally sound, and rejected his discrimination, harassment, and victimisation claims on their merits following a full hearing.

• •The claimant was dismissed for misconduct related to an anonymous email to a colleague and another email breaching confidentiality
• •The tribunal dismissed complaints of unfair dismissal, direct discrimination because of race, harassment related to race, and victimisation

Judgment approved by the court for handing down Alom v Financial Conduct Authority © EAT 2025 Page 1 [2025] EAT 138 Neutral Citation Number: [2025] EAT 138 Case No: EA-2024-000397-RN EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 30 September 2025 Before : HIS HONOUR JUDGE AUERBACH - - - - - - - - - - - - - - - - - - - - - Between : MR J ALOM Appellant - and - THE FINANCIAL CONDUCT AUTHORITY Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - John Robertson (lay representative) for the Appellant Orlando Holloway (instructed by Bevan Brittan LLP) for the Respondent Hearing date: 4 September 2025 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Alom v Financial Conduct Authority © EAT 2025 Page 2 [2025] EAT 138 SUMMARY UNFAIR DISMISSAL; PRACTICE AND PROCEDURE The claimant was dismissed for the given reason of conduct. He was found to have been the author of anonymous email to a colleague – which he denied having sent – which was considered, in view of its content, to amount to an act of harassment. A further email, sent by him, was found to have breached confidence in relation to the report of an unsuccessful complaint by him about the alleged conduct of the same colleague. The tribunal dismissed complaints of unfair dismissal, direct discrimination because of race, harassment related to race, and victimisation, in relation to the decisions to dismiss and to reject the claimant’s internal appeal, and of victimisation relating to the investigation report which preceded the disciplinary charges. The tribunal did not err: (a) by failing to find that the dismissal was unfair because the claimant had not been provid…